Investigation into unlicensed or unregistered activity; issuance of order to cease and desist; issuance of citation; reporting requirements of Board; administrative fine; appeal of citation.

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1. The Board, through the President of the Board and the investigator designated by the Board, shall conduct an investigation of each complaint filed pursuant to NRS 641.250 which sets forth reason to believe that a person has violated NRS 641.390.

2. If, after an investigation, the Board determines that a person has violated NRS 641.390, the Board:

(a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641.390 until the person obtains the proper license or registration from the Board;

(b) May issue a citation to the person; and

(c) Unless the Board determines that extenuating circumstances exist, shall forward to the appropriate law enforcement agency any substantiated information that has been submitted to the Board regarding a person who practices or offers to practice:

(1) Psychology in this State without the proper license issued by the Board pursuant to this chapter; or

(2) As a psychological assistant, psychological intern or psychological trainee in this State without the proper registration issued by the Board pursuant to this chapter.

3. A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 641.390 constitutes a separate offense for which a separate citation may be issued.

4. For any person who violates the provisions of NRS 641.390, the Board shall assess an administrative fine of:

(a) For a first violation, $500.

(b) For a second violation, $1,000.

(c) For a third or subsequent violation, $1,500.

5. To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Board within 30 days after the date of issuance of the citation.

(Added to NRS by 2011, 72; A 2019, 999)


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